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HomeMy WebLinkAboutCOW 2006-08-28 Item 3G - Ordinance - Amendments to Fire Code Ordinances COUNCIL AGENDA SYNOPSIS -my t Initials ITEtlI1'`TO. !ice a Meeting Date I Prepared by AIayor''raci m' Council rn.; v I N` ,�'ts'v! 1 08/28/06 1 DT 1 ti. I' LF I 3,j rsoa I 1 1 1 I ITEM INFORMATION CAS NUMBER 06-099 I ORIGINAL AGENDA DATE: AUGUST 28, 2006 AGENDA ITEMITITLE Proposed amendments to standardizing language in certain sections of Fire Department ordinances. CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other .19g Date 08/28/06 •lftg Dab Mt Date Mtg Date 09/05/06 14g Date Mid Doh. Mtg Date I SPONSOR Council El Aker Adm Sec DCD Finance Fire Legal P &R Police Pil J SPONSOR'S During some recent fire code enforcement action it was discovered that the various fire SUMMARY code ordinances do not have the same wording in regard to appeals, exceptions, violations and penalties. The City Attorney has recommended that we align those sections for clearer interpretation and application in enforcement proceedings. REVIEWED BY COW ■t CA &P Cmte F&S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: June 5, 2006 RECOMMENDATIONS: SPONSOR /ADMIN. Approve amended ordinances COMMITTEE Unanimous Approval; Forward to G.O.W. COST IMPACT/ FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGE l'ED APPROPRIATION REQUIRED $o $o $o Fund Source: N/A Continents: MTG. DATE RECORD OF COUNCIL ACTION I I MTG. DATE ATTACHMENTS 08/28/06 Information Memo dated 8/3/06 Summary of amendments to the 5 fire ordinances Draft ordinances (5) Finance Safety Committee minutes from 6/5/06 I r 01 r Tukwila Fire Department 1 t Vt a InterOffice Memo isti Y90s August 3, 2006 To: Finance Safety From. B/C Don Tomaso Re. Fire Ordinance Clarfication Issue: During some recent fire code enforcement action it was discovered that the various fire code ordinances do not have the same wording in regard to appeals, exceptions, violations and penalties. The City Attorney has recommended that we align those sections for clearer interpretation and application in enforcement proceedings. Backaround: This was brought before the Finance and Safety Committee on June 5, 2006 and at that time the Committee agreed with the proposed changes. We have prepared the changes as directed by the Committee, and resubmit them for your review Discussion: June 5 meeting recommendation was to forward on to the COW and Regular Meeting SUMMARY OF ORDINANCE CHANGES These two sections should be included in all of the following ordinances: #2047 Adoption of International Fire Code #2050 Automatic Sprinkler Systems #2051 Automatic Fire Alarm Systems #2052 Fire Hydrants #2053 High -rise Buildings Appeals. Whenever the Fire Marshal disapproves an application or refuses to grant a permit applied for, the applicant may appeal the decision to the Board of Appeals established in Section 108 of the International Fire Code within 30 days from the date of the Fire Marshal's decision(s). Section 108 shall be amended to read. Disputes regarding interpretation of code provisions shall be settled by the International Fire Code Institute. When deemed appropriate, the Fire Marshal will request a formal, written interpretation from the Institute. Exceptions Any exception to the items covered by "TIC Chapter 16.40 shall be made by the Chief of the Fire Department, or by the Fire Marshal. Request for exception must be made in writing; exceptions granted or denied shall be in writing. CD CI Correction to ordinance #2047 adoption of the International Fire Code 16.16.080 Fees. B Re- inspection Fees: 1. Re- inspection Fees for New Construction, and Tenant Improvements and spot inspections. A re- inspection fee of 580 will be assessed when an inspection is requested for new construction, and tenant improvements and spot inspections and, upon arrival, the fire inspector finds that the work is not complete, not ready for inspection, or does not comply with fire code requirements. Under these conditions, a follow -up inspection will be required. (This Penalties section should also be included in all of the following ordinances: #2047 Adoption of International Fire Code #2050 Automatic Sprinkler Systems #2051 Automatic Fire Alarm Systems #2052 Fire Hydrants #2053 High -rise Buildings) 16.16.110 Violations Penalties. Any person who shall violate any of the provisions of the International Fire Code or appendices adopted by T1VIC Chapter 16.16, or who shall fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder or any certificate or permit issued thereunder and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the Fire Marshal or by a court of competent jurisdiction within the time fixed therein, shall be guilty of a gross misdemeanor, and upon 4 conviction thereof, shall be punished by a fine in an amount not to exceed $5,000.00 or imprisonment for a term not to exceed one year or by both such fine and imprisonment. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue. Each day or portion thereof during which any violation of the provisions of this section is caused, permitted or continued shall constitute a separate offense and shall be punishable as such. Application of the penalty specified in this section shall not be held to prevent q b the enforced removal of prohibited conditions. J L L 1.1 AN ORDINANCE ORDLNANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2047, AS CODIFlt ll AT CHAPTER 16.16, °INTERNATIONAL FIRE CODE," OF THE TUKWILA MUNICIPAL CODE; AMENDING PROVISIONS FOR RE- INSPECTION FEES AND VIOLATION/PENALTIES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City wishes to streamline the payment process for re- inspection fees and spot inspections, reducing staff time and increasing inspector productivity; and WHEREAS, to provide consistent penalties for non-compliance with the City's fire ordinances, the City wishes to designate these violations as gross misdemeanors, as defined by the Revised Code of Washington; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Ordinance No. 2047, as codified at TMC 16.16.080 "Fees," is hereby amended to read as follows: 16.16.080 Fees. A. Permit Fees: A fee of 5100.00 shall be charged for each permit required by the International Fire Code. B. Re- inspection Fees: 1. Re- inspection Fees for New Construction, Tenant Improvements, and soot inspections. A re- inspection fee of $80 will be assessed when an inspection is requested for new construction, tenant improvements or soot inspections. or when upon arrival, the Fire Inspector finds that the work is not complete, not ready for inspection, or dos not comply with fire code requirements. Under these conditions, a follow -up inspection will be required. The r..-=- -c-n fee shall be paid psi- _hc follow up inspection, and the paid receipt shall be at the job cite. 2. Re- inspection Fees for Company -Level Inspections. A re- inspection fee of 560 will be assessed when, on the follow -up inspection 30 days after the initial company level inspection, the inspectors find that the violations have not been corrected. A re- inspection fee of 585 will be assessed when, on a second follow -up inspection, the inspectors find that the violations have not been corrected. A re- inspection fee of 5110 will be assessed when, on a third follow -up inspection, the inspectors find that the violations have not been corrected. A re- inspection fee of 5135 will be assessed when, on a fourth and subsequent follow -up inspections, the inspectors find that the violations have not been corrected. 3. Exceptions. Any exception to the items covered by this section shall be made by the Chief of the Department or by the Fire Marshal. Requests for exceptions must be made in writing; exceptions granted or denied shall be in writing. //1l Clams end SalnWAI USS 1p_ 5Gy4ee ,;':;soATAI,o:c_z:.csF+vnzEx21 Tare Fe Cc& Ate- A.e:.c DT: spsnoc6 Page 1 of 2 Section 2. Ordinance No. 2017, as codified at TMC 16.16.110, 'Violations— Penalties," is hereby amended to read as follows: 16.16.110 Violations Penalties. Any person who shall violate any of the provisions of the International Fire Code or appendices adopted by TMC Chapter 16.16, or who shall fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder or any certificate or permit issued thereunder and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the Fire Marshal or by a court of competent jurisdiction within the time fixed therein, shall be guilty of a gross misdemeanor, and upon conviction thereof, shall be punished by a fine in an amount not to exceed $5,000.00 or imprisonment for a term not to exceed one year or by both such fine and imprisonment. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue. Each day or portion thereof during which any violation of the provisions of this section is caused, permitted or continued shall constitute a separate offense and shall be punishable as such. Application of the penalty specified in this section shall not be held to prevent the enforced removal of prohibited conditions. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2006. ATTEST/AUTHENTICATED: Steven M. Mullet, Mayor Jane E. Cantu, CMC, City Qerk Filed with the City Clerk: APPROVED AS TO FORM BY Passed by the City Council: Published: Effective Date: Office of the City Attorney Ordinance Number: qg C:Woaa s a. ktr tp;Usst,6-S do ?)Ce:M5DATA \CrCr'. Ilt -ratfl Tefs Fre Cede P.r= -d.ecc or: apspo-c-s Page 2 of 2 Cp v Li ti AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2050, AS CODIFIED AT TMC CHAPTER 16.42, "SPRINKLER SYSTEMS? AMENDING PROVISIONS FOR RE- INSPECTION FEES AND VIOLATIONS/ PENALTIES; ESTABLISHING APPEALS PROVISIONS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City wishes to streamline the payment process for re- inspection fees and spot inspections, reducing staff time and increasing inspector productivity; and WHEREAS, to provide consistent penalties for non compliance with the City's fire ordinances, the City wishes to designate these violations as gross misdemeanors, as defined by the Revised Code of Washington; and WHEREAS, the City wishes to use consistent language in its fire ordinances, which will provide clearer interpretation in enforcement actions regarding appeals and penalties; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDALN AS FOLLOWS: Section 1. Ordinance No. 2050, as codified at TMC Chapter 16.42.110, "Re- inspection Fee," is hereby amended to read as follows: 16.42.110 Re- inspection Fee. An .580.00 re- inspection fee shall be assessed when an inspector is requested to make an inspection, re- inspection. or soot inspection. or to witness a test on a sprinkler system and, upon arrival, finds the work is not ready for inspection or the test fails. Pi: fee shall be paid prior to a follow up inspection anj the receipt shall be at the job site. Section 2. Ordinance No. 2050, as codified at TMC Chapter 16.42.130, 'Penalties," is hereby amended to read as follows: 16.42.130 Penalties. Any r_=_ lating the pr =_finance shall be guilty of a misdemeanor, and u con. cnOn thereof, be puni;hcd by a fine of not more than X500.00 or 1. ::,:,:.::.c:., fc::.c: ::van 90 days, or by both ouch fine person violating the provisions of the International Fire Code or appendices adopted by TMC Chapter 16.16, or who shall fail to comply therewith. or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder or any certificate or Hermit issued thereunder and from which no appeal has been taken. or who shall fail to comply with such an order as affirmed or modified by the Fire Marshal or by a court of competent iurisdiction within the time fixed therein. shall be guilty of a Boss misdemeanor, and upon conviction thereof. shall be punished by a fine in an amount not to exceed 55,000.00 or imprisonment for a term not to exceed one year or by both such fine and imprisonment. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue. Each day or portion thereof during which any violation of the provisions of this section is caused. permitted C OCairers u'd S a.-wsr] l keg cc `(e ISDATA\GUC;.\.S: rYs LTetl.ecc oT :isn 8/25/2036 Page 1 of 2 or continued shall constitute a separate offense and shall be punishable as such. Application of the penalty specified in this section shall not be held to prevent the enforced removal of prohibited conditions. Section 3. Ordinance No. 2050, as codified at TMC Chapter 16A2, is hereby amended by adding provisions for appeals, to read as follows: 16.42.140 Appeals. Whenever the Fire Marshal disapproves an application or refuses to grant a permit applied for. the applicant may anneal the decision to the Board of Appeals established in Section 108 of the International Fire Code within 30 days from the date of the Fire Marshal's decision(s). Section 108 shall be amended to read: Disputes regarding interpretation of code provisions shall be settled by the International Fire Code Institute. When deemed appropriate, the Fire Marshal will request a formal. written interoretation from the Institute. Section 4. Severability If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 5. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law PASSED BY THE Cll Y COUNCIL OF THE Cli Y OF TUKWILA, WASHINGTON, at a Special Meeting thereof this day of 2006. ATTEST AUTHEIN TIC Alb D Steven M. Mullet, Mayor Jane E. Cantu, CMC, City Clerk Filed with the City Clerk: APPROVED AS TO FORM BY: Passed by the City Council: Published: Effective Date: Office of the City Attorney Ordinance Number: J 0 0 C'Dcarrsts ad Sewxs' Us if s.91,W :SDATa\Gir' a au fi atie.“ DT:<3, 812520ro Page 2 of 2 Application of the penalty specified in this section shall not be held to nreve_nt the enforced removal of prohibited conditions. Section 3. Ordinance No. 2051, as codified at TMC Chapter 16.40, is hereby amended by adding provisions for appeals, to read as follows: 16.40.160 Appeals. Whenever the Fire Marshal disapproves an application or refuses to Brant a permit applied for. the applicant may appeal the decision to the Board of Appeals established in Section 108 of the International Fire Code within 30 days from the date of the Fire Marshal's decision(s). Section 108 shall be amended to read: Disputes reeardine interpretation of code provisions shall be settled by the International Fire Code Institute. When deemed appropriate, the Fire Marshal will reauest a formal. written interpretation from the Institute. Section 4. Severability If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 5. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Special Meeting thereof this day of 2006. ATTEST/ AUTHENTICA1ED Steven M. Mullet, Mayor Jane E. Cantu, CMC, City Clerk Filed with the City Clerk: APPROVED AS TO FORM BY. Passed by the City Council: Published: Effective Date: Office of the City Attorney Ordinance Number: w) c d 0 tf'do ?1Y= 1?i•L^, AT�iGt:r<�+F z Nan Si� %n s G.d s_ orr� e125RC_6 Page 2 of 2 f 1 L^ Lf "v- La u AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2032, AS CODIFIED AT TMC CHAPTER 14.24, °FIRE HYDRANTS," CLARIFYING FIRE HYDRANT INSTALLATION REQUIREMENTS; AMENDING REQUIREMENTS FOR EXCEPTIONS; ESTABLISHING PROVISIONS FOR RE- INSPECTION FEES, VIOLATIONS/PEVALTIES, AND APPEALS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City wishes to provide clarification to contractors on the installation of fire hydrants and reflective markers, which enable faster location of hydrants in emergency situations; and WHEREAS, the City wishes to streamline the payment process for re- inspection fees and spot inspections, reducing staff time and increasing inspector productivity; and WHEREAS, to provide consistent penalties for non compliance with the City's fire ordinances, the City wishes to designate these violations as gross misdemeanors, as defined by the Revised Code of Washington; and WHEREAS, the City wishes to use consistent language in its fire ordinances, which will provide clearer interpretation in enforcement actions regarding appeals, exceptions and penalties; NOW THEREFORE, THE CITY COUNCIL, OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Ordinance No. 2052, as codified at TMC Chapter 14.24.050, 'Accessibility,' is hereby amended to read as follows: 14.24.050 Accessibility A. Hydrants and guard posts shall be in plain view for a distance of 50 feet in the line of vehicular approach, free from shrubs, trees, fences, landscaping and similar obstruction. B. The 5" Stortz pumper discharge port shall face the street or, in the case of private hydrants, the direction shall be determined by the Fire Department All hydrants shall have a Tvpe 2 R,VIP blue raised pavement marker. reflective on two sides. located as approved by the Fire Marshall. C. Hydrant supply lines shall be of such size and design as to provide the fire flow required by Appendix B of the International Fire Code, Fire Flow Requirements for Buildings, and the City's comprehensive water design standards. D. Tapping into City water mains shall be by the process known as "wet tapping" so as to allow un- interrupted service on those mains. Section 2. Ordinance No. 2052, as codified at TMC Chapter 14.24.060, "Exceptions, is hereby amended to read as follows: 14.24.060 Exceptions. Any exceptions to items covered in TMC Chapter 14.24 shall be made in writing by the Chief of the Fire Department and the officer in charge of the Fire Prevention Bureau of the Tukwila Fire Department, and must conform to the City's Public Works' standards and /or the City's Comprehensive Water Plan. Any written exception shall set forth the basis for the exception and its relationship to public health, safety or avoidance of undue hardship. Reouests for exceptions must be made in writing: 1 0J- exceptions granted or denied shall be in writing. C:Deoanmts z.d xe:1-: MSD_aTA'A d'__ Th FH'tr t Ann±do. DT] azszccs Page I of 2 Section 3. Ordinance No. 2052, as codified at TMC Chapter 14.24 is hereby amended by adding provisions for re- inspection fees, to read as follows: 14.24.070 Re- inspection Fees. Re- inspection Fees for New Construction. Tenant Improvements. and spot inspections. A re- inspection fee of S80 will be assessed when an inspection is requested for new construction, tenant improvements or spot inspections. or when upon arrival. the Fire Inspector finds that the work is not complete. not ready for inspection. or does not comply with fire code reouirements. Under these conditions. a follow -up inspection will be required. Section 4. Ordinance No. 2052, as codified at TMC Chapter 14.24, is hereby amended by adding provisions for violations and penalties, to read as follows: 14.24.080 Violations Penalties. Any person who shall violate any of the provisions of the International Fire Code or appendices adopted by TMC Chapter 16.16. or who shall fail to comply therewith, or who shall violate or fail to comply with any order made thereunder. or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder or any certificate or permit issued thereunder and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the Fire Marshal or by a court of competent iurisdiction within the time fixed therein, shall be guilty of a grass misdemeanor. and upon conviction thereof, shall be punished by a fine in an amount not to exceed 55.000.00 or imprisonment for a term not to exceed one year or by both such fine and imprisonment. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue. Each day or portion thereof during which any violation of the provisions of this section is caused. permitted or continued shall constitute a separate offense and shall be punishable as such. Application of the penalty specified in this section shall not be held to prevent the enforced removal of prohibited conditions. Section 5. Ordinance No. 2052, as codified at TMC Chapter 14.24, is hereby amended by adding provisions for appeals, to read as follows: 14.24.090 Appeals. Whenever the Fire Marshal disapproves an application or refuses to grant a permit applied for, the applicant may appeal the decision to the Board of Appeals established in Section 108 of the International Fire Code within 30 days from the date of the Fire Marshal's decision(s). Section 108 shall be amended to read: Disputes regarding interpretation of code provisions shall be settled by the International Fire Code Institute. When deemed appropriate, the Fire Marshal will request a formal, written interpretation from the Institute. Section 6. Severability If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation Section 7 Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law PASSED BY THE CITY COUNCIL OF THE LI1 Y OF TUKWILA, WASHINGTON, at a Special Meeting thereof this day of 2006. ATTEST AUTHENTICA FED: Steven M. Mullet, Mayor Jane E. Cantu, CMC, City Clerk Filed with the City Clerk: APPROVED AS TO FORM BY Passed by the City Council: Published: Effective Date: Office of the City Attorney Ordinance Number q 4::?xturssnATXOrd z r.s Ere xyri ;A-t i&c a� or ,25f2CO5 Page 2 of 2 Li `nP tiu LJ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2033, AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 16.48, °HIGH RISE BUILDINGS," ESTABLISHING PROVISIONS FOR RE- INSPECTION Fbb-S, VIOLATIONS/ PENALTIES, EXCLPIIONS AND APPEALS; PROVIDING FOR SEVERABILITY; AND ESTABT.T.SHING AN EFFECTIVE DATE. WHEREAS, the City wishes to streamline the payment process for re- inspection fees and spot inspections, reducing staff time and increasing inspector productivity; and WHEREAS, to provide consistent penalties for non-compliance with the City's fire ordinances, the City wishes to designate these violations as gross misdemeanors, as defined by the Revised Code of Washington; and WHEREAS, the City wishes to use consistent Language in its fire ordinances, which will provide clearer interpretation in enforcement actions regarding appeals, exceptions and penalties; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Ordinance No. 2053, as codified at TMC Chapter 16.48, is hereby amended by adding provisions for re- inspection fees, to read as follows: 16.48.150 Re- inspection Fees: Re- inspection Fees for New Construction. Tenant Improvements, and spot inspections. A re- inspection fee of 580 will be assessed when an inspection is requested for new construction. tenant improvements or soot inspections. or when upon arrival, the Fire Inspector finds that the work is not complete. not ready for inspection, or does not comply with fire code requirements. Under these conditions, a follow -up inspection will be required. Section 2. Ordinance No. 2053, as codified at TMC Chapter 16.48, is hereby amended by adding provisions for violations and penalties, to read as follows: 16.48.160 Violations Penalties. Any person who shall violate any of the provisions of the International Fire Code or appendices adopted by TMC Chapter 16.16. or who shall fail to comply therewith. or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and thereunder or any certificate or permit issued thereunder and from which no anneal has been taken, or who shall fail to comply with such an order as affirmed or modified by the Fire Marshal or by a court of competent iurisdiction within the time fixed therein. shall be guilty of a grass misdemeanor. and upon conviction thereof. shall be punished by a fine in an amount not to exceed 55.000.00 or imprisonment for a term not to exceed one near or by both such fine and imprisonment. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue. Each day or portion thereof during which any violation of the provisions of this section is caused. permitted or continued shall constitute a separate offense and shall be punishable as such Application of the etpoze'.r r..d 5=:t 'A: tYcs\ Did ?rl'e- r•RSDATk\Ctarznz51a:ch Rise &me4.Co DT cm ea;rno. s Page 1 of 2 penalty specified in this section shall not be held to prevent the enforced removal of prohibited conditions. Section 3. Ordinance No. 2053, as codified at TMC Chapter 16.48, is hereby amended by adding provisions for appeals, to read as follows: 16.48.170 Appeals. Whenever the Fire Marshal disapproves an application or refuses to grant a permit applied for, the applicant may appeal the decision to the Board of Appeals established in Section 108 of the International Fire Code within 30 days from the date of the Fire Marshal's decision(s). Section 108 shall be amended to read: Disputes regarding interpretation of code provisions shall be settled by the International Fire Code Institute. When deemed appropriate, the Fire Marshal will request a formal. written interpretation from the Institute. Section 4. Ordinance No. 2053, as codified at TMC Chapter 16.48, is hereby amended by adding provisions for exceptions, to read as follows: 16.48.180 Exceptions. Anv exception to the items covered by this section shall be made by the Chief of the Department or by the Fire Marshal. Reouests for exceptions must be made in writing: exceptions granted or denied shall be in writing. Section 5. Severability If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Special Meeting thereof this day of 2006. ATTEST AUTHENTICA I ET Steven M. Mullet, Mayor Jane E. Cantu, CMC, City Clerk Filed with the City Clerk: APPROVED AS TO FORM BY. Passed by the City Council Published: Effective Date: Office of the City Attorney Ordinance Number: C:'pw tits a,i RT M-e d.ccc DTrn 8n5p006 Page 2 of 2 Finance and Safety Committee June 5, 2006 5 p.m. Present: Pam Carter, Chair; Jim Haggerton, Verna Griffin, Rhonda Berry, Kevin Fuhrer, Nick Olivas, Bob Giberson, Shelley Kerslake, Don Tomaso, Mary Miotke, Chuck Parrish, Jane Cantu Business Agenda: Council Technology (Devices) As a follow -up to a previous committee meeting, IT Manager Mary Miotke presented a chart that compared the cost/unit, support, detail of additional costs, weight, replacement schedule, function, vulnerability, liability, training, and city policy requirements of several viable devices. After discussing the various options available to them, Council decided that 2 or 3 laptop computers, a docking station, a portable printer, and a case with wheels would meet their needs and those of their new staff person for the present time. Unanimous approval forward to future COW. July 4 Fireworks Permit for Public Display at the Starfire Snorts Complex Mr. Tom Whitacre, a licensed Pyrotechnic Operator with the State of Washington and the Bureau of Alcohol, Tobacco, and Firearms is seeking a fireworks permit for a public display at the Starfire Sports Complex on July 4 This display is being held in conjunction with the City's planned event "Family Fun at the Fort" Battalion Chief Don Tomaso told the committee that Ivfr. Whitacre's application was reviewed to WAC 212 -17 and accepted industry standards and he found everything to be within the established guidelines. Because Mr. Whitacre has done the fireworks display in Tukwila several times in the past, Tomaso requested the permit be sent directly to the June 19 Regular meeting for approval. Additionally, B/C Tomaso noted that each year the crowds that gather for the fireworks display grow larger and traffic can be difficult to manage. He suggested. 1) two fire apparatus be staged at the site; one apparatus on each side of the Railroad right -of -way; and 2) Tukwila Police provide crowd control during the public display; 3) provide traffic control to the Fort Dent Way and Interurban Ave. intersection to expedite traffic flow Unanimous approval— forward to 6/19 Regular Meeting Proposed Amendments Standardizing. Lan2uag.e in Certain Section of Fire Dent. Ordinances Batallion Chief Tomaso explained the City attorney and prosecutor had advised him of the need to standardize the language in certain sections of fire department ordinances. The aforementioned sections deal with .appeal provisions, the exceptions and penaties sections. The changes are necessary in order to comply with the RCW statutes. Tomaso reviewed each of the specific sections in need of amendment. Council discussion I 06